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MATTER OF McHUGH v. JOYCE

2 A.D.2d 976 (1956)

In the Matter of Thomas J. McHugh, as Commissioner of The Department of Correction of the State of New York, Appellant, v. George J. Joyce, as County Judge of The County of Kings, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1956

Order reversed, without costs, application granted and matter remitted to the County Court of Kings County for resentence.

On Walker's plea of guilty to murder in the second degree, the sentencing court, with every good intention, of course, imposed a sentence of not less than 20 nor more than 22 years in a State prison. Section 1048 of the Penal Law, prior to its amendment by chapter 32 of the Laws of 1928, required the imposition of a mandatory sentence of 20 years...

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